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What conditions are required for a loan agreement to comply with Section 109N of the Income Tax Assessment Act 1936?

  • Basically the loan agreement must be:
  • in writing;
  • the interest payable must not be less than the statutory minimum (benchmark interest rate); and
  • the term of the loan must not be longer than the statutory maximum term (7 years for an unsecured loan or 25 years for secured loans).        

 

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